Category Archives: Nexus

N.D.Ind.: 4A IAC shown by 2255 petitioner; arrest lacked all probable cause

2255 petitioner prevails on a Fourth Amendment ineffective assistance of counsel claim. There clearly was no probable cause for defendant’s arrest and car search. United States v. Henry, 2025 U.S. Dist. LEXIS 133252 (N.D. Ind. July 10, 2025).* The government … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Nexus, Probable cause | Comments Off on N.D.Ind.: 4A IAC shown by 2255 petitioner; arrest lacked all probable cause

CO: Three-day delay between seizure of defendant’s car and getting SW for it was reasonable

Three-day delay between seizure of defendant’s car and getting a warrant to search was reasonable. People v. Mills, 2025 CO 47, 2025 Colo. LEXIS 572 (June 30, 2025). Defendant’s cell phone was linked to his prostitution/human trafficking case, so there … Continue reading

Posted in Franks doctrine, Nexus, Reasonable suspicion, Reasonableness, Warrant execution | Comments Off on CO: Three-day delay between seizure of defendant’s car and getting SW for it was reasonable

D.P.R.: Nexus to CSLI would show who had the phone to connect it to crime

Defendant had standing to contest a search of this cell phone. While he didn’t attach an affidavit, the motion and other papers say it’s his, as does the consent form. Nothing suggests it’s not. The police got a warrant out … Continue reading

Posted in Cell phones, Cell site location information, Nexus, Reasonableness | Comments Off on D.P.R.: Nexus to CSLI would show who had the phone to connect it to crime

OH1: Protective sweep unjustified; inevitable discovery alternative waived by state by lack of preservation

The protective sweep here was unreasonable because the only gun the officers knew anything about had already been found and there were no people to look for. The trial court erred in overruling the motion to suppress. The state waived … Continue reading

Posted in Nexus, Protective sweep, Staleness, Waiver | Comments Off on OH1: Protective sweep unjustified; inevitable discovery alternative waived by state by lack of preservation

S.D.N.Y.: SW can issue to find evidence of a conspiracy

Defendant challenges this search warrant which refers to seeking potential evidence of a conspiracy where the officer only has evidence of overt acts. On the totality, the court finds probable cause and nexus and that the warrant is not overbroad. … Continue reading

Posted in Nexus, Overbreadth | Comments Off on S.D.N.Y.: SW can issue to find evidence of a conspiracy

TX14: Nexus here established by logical inference

The record supported nexus for search warrants for cell phone apparently used to coordinate between two cars that were driving for an hour in a shopping mall parking lot looking for a robbery target. It was logically the only way … Continue reading

Posted in Cell phones, Nexus, Reasonable expectation of privacy | Comments Off on TX14: Nexus here established by logical inference

W.D.Mo.: Use of stop sticks was a seizure

The use of stop sticks was a seizure, but here it was justified. United States v. Jordan, 2025 U.S. Dist. LEXIS 86127 (W.D. Mo. Apr. 4, 2025).* There was nexus for defendant’s place, and the Franks claim isn’t material. United … Continue reading

Posted in Drug or alcohol testing, Excessive force, Nexus, Seizure | Comments Off on W.D.Mo.: Use of stop sticks was a seizure

CA4: Where materiality fails under Franks, falsity doesn’t matter

The district court concluded that there was no false statement for Franks purposes, but that doesn’t even have to be decided. It certainly wasn’t material. Hedgepeth v. Nash Cty., 2025 U.S. App. LEXIS 10868 (4th Cir. May 6, 2025).* It … Continue reading

Posted in Excessive force, Franks doctrine, Nexus, Reasonable suspicion | Comments Off on CA4: Where materiality fails under Franks, falsity doesn’t matter

CA9: Failure to tell def of precise reason for arrest when no warrant in hand did not warrant suppression

Suppression of defendant’s statements is not warranted for FBI agents’ violation of Fed. R. Crim. P. 4(c)(3)(A), which provides that an arresting officer who does not possess a copy of the arrest warrant “must inform the defendant of the warrant’s … Continue reading

Posted in Dog sniff, Exclusionary rule, Foreign searches, Nexus, Reasonable suspicion | Comments Off on CA9: Failure to tell def of precise reason for arrest when no warrant in hand did not warrant suppression

D.D.C.: BLM 1A speech restriction claim can proceed as a class action

A class claim for the June 2020 Lafayette Square BLM protest is certified for the First Amendment speech restriction claims but not the retaliation claims because they do not satisfy commonality under Rule 23(a). Damages claims can be pursued separately. … Continue reading

Posted in Excessive force, Ineffective assistance, Nexus | Comments Off on D.D.C.: BLM 1A speech restriction claim can proceed as a class action

D.Minn.: Probable cause for evidence of tax evasion in the home where records would be

Probable cause for evidence of tax evasion in the home where records would be: “Here, the affidavit sought to establish probable cause to believe Mr. Erickson took part in an ongoing scheme to evade paying taxes. Toward that end, the … Continue reading

Posted in Informant hearsay, Nexus, Probable cause | Comments Off on D.Minn.: Probable cause for evidence of tax evasion in the home where records would be

E.D.Tenn.: Ammunition on the person is PC for firearm in the home

Possession on the person of a significant amount of ammunition was probable cause and nexus to defendant’s house for the firearm. United States v. Partin, 2025 U.S. Dist. LEXIS 47025 (E.D. Tenn. Mar. 14, 2025). Probable cause for evidence of … Continue reading

Posted in Nexus, Probable cause | Comments Off on E.D.Tenn.: Ammunition on the person is PC for firearm in the home

CA6: Nexus to home based on controlled buys doesn’t require constant visual surveillance

Controlled buys that included trips to defendant’s house was nexus. “Regardless of whether Sims was constantly within the detectives’ view, the affidavit establishes that for each controlled buy, Sims went straight to the buy location from the residence and returned … Continue reading

Posted in Nexus, Probable cause, Standing | Comments Off on CA6: Nexus to home based on controlled buys doesn’t require constant visual surveillance

S.D.N.Y.: Regularly posting whereabouts on social media helps show nexus to cell phone

Officers keyed on defendant as a shooting suspect because of a social media post from a year before with him wearing what appear to be the pants worn by the shooter. As for nexus to defendant’s phone, they rely on … Continue reading

Posted in Cell phones, Nexus | Comments Off on S.D.N.Y.: Regularly posting whereabouts on social media helps show nexus to cell phone

TN: Nexus shown to cell phone in murder case

The trial court granted defendant’s motion to suppress the search of his cell phone in a murder case. On the state’s interlocutory appeal, suppression is reversed. There was sufficient nexus shown between the cell phone and the offense under investigation … Continue reading

Posted in Cell phones, Nexus | Comments Off on TN: Nexus shown to cell phone in murder case

CA6: Facebook picture of stolen lamp gave nexus for SW

An attempt to sell an antique lamp on Facebook provided sufficient nexus to defendant’s house for a search warrant. United States v. Truett, 2025 U.S. App. LEXIS 4764 (6th Cir. Feb. 27, 2025).* The district court saw the video of … Continue reading

Posted in Burden of proof, Nexus, Standards of review | Comments Off on CA6: Facebook picture of stolen lamp gave nexus for SW

W.D.Tex.: Body camera shows stop was unreasonably prolonged

“After considering all evidence in context, including Officer Gonzalez’s testimony, her body camera video, and the rest of the record, the Court concludes that she unlawfully prolonged the traffic stop. Even when considering her experience and all facts from an … Continue reading

Posted in Nexus, Probable cause, Qualified immunity, Reasonable suspicion, Standing | Comments Off on W.D.Tex.: Body camera shows stop was unreasonably prolonged

C.D.Cal.: “4A privileges and immunities” are two claims, not one, and both denied here

Plaintiff’s case claimed Fourth Amendment privileges and immunities, but that’s two claims because privileges and immunities is under Art. IV, § 2, cl. 1 but it doesn’t state a claim under either. Gay v. Sheriff of L.A. Cty., 2025 U.S. … Continue reading

Posted in Nexus, Privileges, Reasonable expectation of privacy | Comments Off on C.D.Cal.: “4A privileges and immunities” are two claims, not one, and both denied here

CA6: Nexus can be circumstantial

Nexus can be circumstantial. United States v. Simmons, 2025 U.S. App. LEXIS 4208 (6th Cir. Feb. 24, 2025) (It suggests it’s limited to drug dealers, but it’s really not. Moreover, it’s articulating what other courts think but don’t usually say.):

Posted in Nexus | Comments Off on CA6: Nexus can be circumstantial

E.D.Tenn.: Applying the Sixth Circuit’s “drug dealer inference,” PC exists for the SW for def’s house

Applying the “drug dealer inference” for nexus, the court finds probable cause to believe defendant was dealing drugs from his house to support the search warrant. United States v. Evans, 2025 U.S. Dist. LEXIS 8686 (E.D. Tenn. Jan. 16, 2025):

Posted in Nexus | Comments Off on E.D.Tenn.: Applying the Sixth Circuit’s “drug dealer inference,” PC exists for the SW for def’s house